Membership terms and conditions

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: 

Application Form: means the online application form as amended from time to time available on RCOT’s website with queries to be directed to membership@rcot.co.uk; 

BAOT: British Association of Occupational Therapists Limited, a company limited by guarantee registered in England and Wales (company number: 00392350) with its registered office at 106-114 Borough High Street, Southwark, London, SE11 1LB being the professional body representing occupational therapy staff; 

BAOT Articles of Association: means the articles of association as amended from time to time available here or on request via email to governance@rcot.co.uk

BAOT Services: means the UNISON trade union membership and the professional indemnity insurance as set out at Clause 3.1; 

Data Protection Legislation: means: (i) the Data Protection Act 2018 to the extent that it relates to processing of personal data and privacy; (ii) the UK General Data Protection Regulation (Regulation (EU) 2016/679) (the "General Data Protection Regulation" or "UK GDPR") and any applicable national implementing law as amended from time to time; and (iii) all applicable Law about the processing of personal data and privacy including any applicable guidance or codes of practice that are issued by the Information Commissioner (or as superseded); 

Fee: the fee applicable for the relevant Membership Category as set out at Clause 4; 

Force Majeure Event: an event beyond the control of a party (or any person acting on its behalf), which by its nature could not have been foreseen by such party (or such person), or, if it could have been foreseen, was unavoidable, and includes acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources (not attributable to any action or failure to act of BAOT and RCOT or any of its subcontractors) but excludes industrial dispute; 

Good Industry Practice: means the exercise of that degree of skill, diligence, prudence, risk management, quality management and foresight which would reasonably and ordinarily be expected from a skilled and experienced supplier engaged in the supply of services and benefits similar to the Services under the same or similar circumstances as those applicable to this Agreement; 

HCPC: Health and Care Professions Council; 

Intellectual Property/IP: means patents, rights to inventions, trademarks, service marks, registered designs, copyrights and related rights, database rights, design rights, rights to use and protect confidential information, in each case whether registered or unregistered, including rights to apply for and be granted applications for any of the above and any continuations, continuations-in-part, divisional applications, renewals or extensions of, and rights to claim priority from, those rights, and any similar right recognised from time to time in any jurisdiction; 

Law: means any applicable legal requirements including, without limitation: (i) any applicable statute or proclamation, delegated or subordinate legislation, bye-law, order, regulation or instrument as applicable in England and Wales; (ii) any enforceable community right within the meaning of section any enforceable community right within the meaning of sections 1A(2) or 1B(2) of European Union (Withdrawal) Act 2018; (iii) any applicable judgment of a relevant court of law which is a binding precedent in England and Wales; (iv) requirements set by any regulatory body as applicable in England and Wales; and (v) any relevant code of practice as applicable in England and Wales; 

Member: an eligible individual who has applied and been accepted for membership by BAOT and RCOT on the terms of these Terms and Conditions (“you”, “your”); 

Membership Category: the category of membership applicable to the Member as set out at join us.

Membership Period: has the meaning given in Clause 4.1; 

Policies: means: (i) our website terms of use and (ii) our privacy policy; 

Professional Standards For Occupational Therapy Practice, Conduct And Ethics: means the standards which RCOT may amend from time to time as set out here.

RCOT: Royal College of Occupational Therapists, a charitable limited company registered in England and Wales (company number: 01347374; charity number: 275119) with its registered office at 106-114 Borough High Street, Southwark, London, SE11 1LB; 

RCOT Services: the services available for each Membership Category as set out at join us

Register of Members of BAOT: means the register of members that BAOT is required to maintain pursuant to applicable Law; 

Revoking Membership Procedure: means the procedure to be followed to terminate membership available at the Revoking RCOT/BAOT Professional Membership page

Services: the BAOT Services and the RCOT Services collectively; 

Communities: the branches of RCOT that provide professional direction and leadership for occupational therapists working in specialist areas of practice as set out at join us

Terms and Conditions: these membership terms and conditions; 

WFOT Membership: means World Federation of Occupational Therapists membership which is available to Members only and subject to a separate fee in accordance with Clause 3.24. 

2.1 RCOT is a wholly owned subsidiary of BAOT. RCOT sets the professional and educational standards for the occupational therapy profession and represents the profession at national and international levels. RCOT plays a crucial role in promoting the profession and meeting the professional needs of occupational therapy staff in the UK. 

2.2 BAOT provides the BAOT Services to Members. RCOT provides the RCOT Services to Members.  Members are members of both BAOT and RCOT subject to these Terms and Conditions, which apply in respect of the membership of both organisations.  

2.3 By becoming a Member, you agree to observe these Terms and Conditions.   

2.4 The Member is a member for the purposes of BAOT’s Articles of Association and membership of BAOT provides company law rights and benefits to the Member. Accordingly, the Member agrees to be entered into the Register of Members of BAOT.   

2.5 For the avoidance of doubt, the Member is not a “member” for the purposes of the articles of association of RCOT and membership confers no rights or benefits other than those set out in these Terms and Conditions in relation to RCOT.  

2.6 These Terms and Conditions constitute a contract for services between BAOT/RCOT and the Member.  If you have any questions or queries please send an e-mail to: membership@rcot.co.uk. 

2.7 Membership is conditional upon payment of the relevant Fee for the Membership Category annually, completion of an Application Form and continued eligibility for membership.  

2.8 Membership is only open to individuals who meet criteria for the Membership Category that they are applying for. 

2.9 Certain Members must be HCPC registered, eligible to be registered or be enrolled on a pre-registration programme at a Higher Education Institution by an RCOT and HCPC accredited route in the UK. If a Member is required to meet the standards set out in this Clause 2.9 and later ceases to meet such a standard, the Member must notify RCOT without delay to resign or change Membership Category (if appropriate).  

2.10 Membership provides the Member with access to the Services applicable to the Membership Category selected only. 

2.11 The rights and obligations the Member has under these Terms and Conditions are personal to the Member and not transferable to any other organisation or person. If the Member’s membership comes to an end for any reason, the Services will terminate in accordance with these Terms and Conditions.  

2.12 By agreeing to these Terms and Conditions, the Member also agrees to be bound by the: 

2.12.1 Policies;  

2.12.2 Professional Standards For Occupational Therapy Practice, Conduct and Ethics; and 

2.12.3 BAOT Articles of Association. 

3.1 The BAOT Services include: 

3.1.1 the provision of malpractice and professional liability and public and products liability insurance up to £10 million as set out here. 

3.1.2 UNISON membership as set out here 

3.2 It is the sole responsibility of the Member to ensure that the professional indemnity insurance provided at Clause 3.1.1 provides adequate coverage to the Member for the occupational therapy services carried out by the Member. 

3.3 In providing the Services, BAOT and RCOT shall: 

3.3.1 use reasonable care, skill and diligence in accordance with Good Industry Practice; 

3.3.2 use personnel who are suitably skilled and experienced to perform tasks assigned to them; and 

3.3.3 use reasonable endeavours to ensure that the Services will conform with all descriptions and specifications set out in these Terms and Conditions. 

3.4 BAOT and RCOT reserve the right to change the Services from time to time with services similar to the Services. 

3.5 Any dates for the delivery of Services are indicative only, and time shall not be of the essence.  

3.6 Services are available in English only.  

3.7 Where a Member has access through their membership to products and services provided by a third party, for example courses, separate terms and conditions with the third party may apply accordingly. 

3.8 Membership does not guarantee the Member access to any events run by BAOT and RCOT which are not included with the relevant Membership Category. All events run by BAOT and RCOT are subject to availability and such other terms and conditions as BAOT and RCOT may advertise from time to time. 

Student Membership 

3.9 Student Membership is available to all students, including international students (non-UK nationals), and apprentices enrolled on an occupational therapy pre-registration programme at a Higher Education Institution by an RCOT and HCPC accredited route in the UK. This Membership Category also includes RCOT recognised support worker qualification (with an RCOT student membership option). The Student Member rate is only available in accordance with these Terms and Conditions. 

3.10 Students can self-upgrade their membership to Newly Qualified Professional Membership (Professional Membership) via their RCOT online account at https://portal.rcot.co.uk/login upon completion of their pre-registration study programme if they need full UNISON and professional indemnity cover for work purposes. The Newly Qualified Professional Membership rate is applied upon the Membership Category change until the end of the Membership Period (ending 30 September). RCOT may, but shall not be obliged to, automatically apply the rate for another Membership Period for those Members who benefited from this discounted for less than four (4) months.  

3.11 Students whose pre-registration programme study end date reflects the completion of pre-registration programme and who have not upgraded their Membership upon study completion will be automatically upgraded to Newly Qualified Professional Membership on next renewal (1 October) when the Newly Qualified rate will be applied for one (1) Membership Period. 

3.12 It is the responsibility of the Student Member to notify RCOT by emailing membership@rcot.co.uk or via their RCOT online account of: 

3.13.1 termination of their student Membership upon withdrawal from an eligible pre-registration study programme; or 

3.13.2 any changes to the expected pre-registration study programme completion date. 

3.14 Students and apprentices are generally expected to complete their programme of study within the normal length of their pre-registration programme plus two (2) years, and in accordance with their university regulations. RCOT student Membership is offered whilst registered on an eligible pre-registration programme only.  

Retired Members 

3.16 Retired individuals can amend their membership to the Retired Members via their RCOT online account, upon renewal or by joining if they have been a Professional or Associate Member for at least one (1) year at any point. The Retired Member rate is applied upon the Membership Category change until the end of the Membership Period (ending 30 September).  

Self-Employed Members 

3.17 Self-Employed Members are Professional Members but must be wholly self-employed, as defined by HM Revenue and Customs. The Self-Employed Member rate is only available to individuals who continue to meet the definition of wholly self-employed.  

Career Break Members 

3.18 This is only available to existing Professional Members of at least twelve (12) months’ standing, taking a career break (e.g. maternity/paternity leave, carers leave or due to unemployment). Members of this Membership Category should not be practicing occupational therapy. The Career Break Member rate is only available to individuals for the period of which they are on a career break. 

Overseas Members 

3.19 Overseas Membership is a Professional Membership available to individuals who are resident outside the UK – including living in the Channel Islands. Those who have qualified overseas must have completed an entry level educational programme that has been WFOT approved to be eligible for membership under this category. Please note that if you live in Northern Ireland but work in the Republic of Ireland you are not eligible for this Membership Category. The Overseas Member rate is only available to individuals who continue to reside outside of the UK. 

Associate Members 

3.20 This Membership Category is open to individuals who are an occupational therapy assistant/support worker/helper/technical instructor/reablement work or part-time student, also engaged in work, who is working under the supervision of an occupational therapist for all or part of their work. If you hold an occupational therapy qualification and are eligible for registration with the HCPC then you are only eligible for Professional Membership of RCOT, not Associate Membership, even if you are working in a support role. The Associate Member rate is only available to individuals who satisfy these Terms and Conditions. 

Professional Members 

3.21 This Membership Category is for anyone with an occupational therapy qualification working in a full or part-time capacity at any age.  The occupational therapy qualification held must be recognised by the HCPC and the Member must either be registered with the HCPC or be eligible for registration with the HCPC and be resident in the UK. 

Eligibility Changes 

3.22 In the event that the Member’s eligibility for a Membership Category changes, or they are no longer eligible to be a Member, they must, without delay upon becoming aware of such circumstances, change their membership via their RCOT online account at https://portal.rcot.co.uk/login or notify RCOT by e-mail at: membership@rcot.co.uk. 

Further Details 

3.23 Further details about eligibility and the Services for each Membership Category are available at join us

WFOT Membership 

3.24 Professional Members and Student Members can become individual members of the WFOT for an additional annual fee,  Members can check availability and register with WFOT. For the avoidance of doubt, Members who become individual members of the WFOT acknowledge that they will be subject to separate terms and conditions with WFOT and neither RCOT or BAOT will be a party to such agreement or accept any liability for the rights or obligations of Members of WFOT under any WFOT terms. 

4.1 The Membership Period runs from 1 October to 30 September in each year.  If you become a Member in the middle of the Membership Period, the Fee will be pro-rated accordingly (to include the month of joining). The minimum Membership Period is three (3) months. 

4.2 Subject to Clause 4.4, Fees are due annually on 1 October and must be made in pounds sterling (£) and are exclusive of all applicable taxes. Members can select the option to pay the Fee by Direct Debit monthly or annually or via card (online or by telephone).  Please refer to the RCOT direct debit guarantee.

4.3 Cash, cheque and BACS are not accepted.  

4.4 Annual Direct Debits are taken on the last working day of October or immediately thereafter or the nearest collection date. Monthly direct debit payments are paid in arrears and are taken on the last working day of each month or immediately thereafter. For example, the first payment in any Membership Period taken via Direct Debit is taken on 31 October (or the closest working day thereafter). 

4.5 All quoted Fees are for a one (1) year membership of the applicable Membership Category. Members can change their Membership Category if they meet the criteria for that Membership Category and pay the relevant Fee.  Members can change their Membership Category online via their RCOT online account in portal at https://portal.rcot.co.uk/login. Membership Category changes take place from the first day of the next month. Members are charged until the end of current month the former Membership Category Fee and from the first day of the next month the new category fee. Direct Debit is variable and fees are adjusted automatically.  Membership Category changes cannot be retrospective (due to UNISON and other service provisions). 

4.6 BAOT and RCOT reserve the right to increase the Fee for the applicable Membership Category on an annual basis. Members will be informed of any changes to the Fee following each annual general meeting of BAOT and any change in the Fees will be effective for the Member’s next renewal.  You will be informed of any Fee changes in your renewal communications. If you are a Direct Debit payer, your Fee will be adjusted automatically. 

4.7 Memberships shall renew automatically at the end of every Membership Period unless Members give notice not to renew as set out in Clause 9.1. Your Membership will automatically cease after three (3) months from 1 October which is the renewal date if your subscription fees remains unpaid for the new Membership Period. Members can renew their membership via their RCOT online account at https://portal.rcot.co.uk/login. 

4.8 BAOT and RCOT will notify you about any unpaid/outstanding Fees by email or letter. For monthly Direct Debit payers, Membership will be terminated upon the third unpaid Direct Debit instalment. When a Member sets up a new Direct Debit arrangement to continue Membership, any arrears will be collected upon the first available collection date.  

4.9 In the event that the payment of the Fee is late or the payment method supplied has been declined, BAOT and RCOT reserve the right to suspend the Services until such time as the full Fee payable has been received.  

4.10 BAOT and RCOT retain the right to collect any Fees owed upon a Member re-joining, following a period 'lapsing' and may (at BAOT and RCOT’s discretion) charge an administration fee. 

5.1 Members are responsible for their own acts, omissions and behaviour.  

5.2 When accessing Services, Members must not: 

5.2.1 act in a way that breaches the laws of England and Wales; 

5.2.2 act in a way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; 

5.2.3 act in a way that may bully, insult, intimidate or humiliate any person or seek to damage the reputation of BAOT and RCOT, any person or organisation by slander, libel or any other means; 

5.2.4 knowingly making false or misleading statements (including re-posting material that might be “fake news” or misleading); 

5.2.5 submit content or use language that would be considered illegal in England and Wales; 

5.2.6 discriminate against any person or group for any reason;  

5.2.7 infringe Intellectual Property Rights of any person; or 

5.2.8 breach Data Protection Legislation. 

5.3 Members acknowledge that: 

5.3.1 BAOT and RCOT are the owners or the licensees of all Intellectual Property Rights relating to the Services, including all material in any form related to the Services. Those works are protected by copyright laws and other applicable laws, as the case may be. All such rights are reserved; 

5.3.2 Members may print or share materials provided as part of the Services for their internal non-commercial use only; 

5.3.3 Members may only use the ‘Member of RCOT’ logo in accordance with the brand guidelines

5.3.4 Members must not modify any materials provided in any way acknowledging that BAOT or RCOT (as the case may be) is the source of the material. For the avoidance of doubt, Members must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; 

5.3.5 BAOT’s or RCOT’s (as the case may be) status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated); 

5.3.6 Members must not use any part of the content contained within the Services for commercial purposes without obtaining a licence to do so from BAOT or RCOT; and 

5.3.7 Members may not share access codes to webinars or annual conferences or their login details under any circumstances. 

6.1 Every effort is made to ensure the accuracy of information provided as part of the Services, however, neither BAOT and RCOT nor the authors of any materials contained within the Services can accept liability for errors and omissions within them. 

6.2 No liability is accepted by BAOT and RCOT to the Member in respect of any liability for any indirect or consequential loss or damage incurred by any person in connection with any Services offered including, without limitation, any liability for: 

6.2.1 loss of income or revenue; 

6.2.2 loss of business; 

6.2.3 loss of profits or contracts; 

6.2.4 loss of anticipated savings; 

6.2.5 loss of data; 

6.2.6 loss of goodwill; and 

6.2.7 any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

6.3 Subject to Clauses 6.1 and 6.2, BAOT and RCOT’s total liability arising under or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to the Fee paid by the Member in the year where the loss occurred. 

6.4 Nothing in these Terms and Conditions shall limit or exclude the liability of either BAOT and RCOT or the Member for: 

6.4.1 death or personal injury resulting from negligence; or 

6.4.2 fraud or fraudulent misrepresentation; or 

6.4.3 any other liability that cannot by Law be excluded or limited. 

6.5 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the fullest extent permitted by Law. 

7.1 BAOT and RCOT shall not have any liability or responsibility for failure to fulfil any obligation under these Terms and Conditions so long as, and to the extent to which, the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of a Force Majeure Event, provided that: 

7.1.1 in the event of BAOT and RCOT being so hindered or prevented, BAOT and RCOT shall give notice of suspension as soon as reasonably possible to the member stating the date and extent of the suspension and its cause; 

7.1.2 where BAOT and RCOT is (or claims to be) affected by a Force Majeure Event. It shall take reasonable steps to: 

(a) mitigate the consequences of such Force Majeure Event; 

(b) resume performance of its obligations affected by the Force Majeure event as soon as practicable; 

7.1.3 BAOT and RCOT shall endeavour to modify the Services having regard to the nature of the Force Majeure Event for the period of the Force Majeure Event.  

8.1 BAOT and RCOT reserves the right to refuse any application for Membership.  

8.2 If a Member has breached these Terms and Conditions or acted in a way which, in the reasonable opinion of BAOT and RCOT, is inconsistent with BAOT and RCOT’s values or status as a charity, BAOT and RCOT may refuse to process a renewal request. 

8.3 Where Clauses 8.1 or 8.2 apply, BAOT and RCOT will confirm in writing that membership has been refused, and, where applicable, follow the Revoking Membership Procedure. 

9.1 A Member may give notice of resignation by telephone to the Membership Excellence team on 020 3141 4648 or by email to membership@rcot.co.uk giving one months’ notice in either event. If a Member decides to resign by telephone then the Membership Excellence team shall notify the Member of the requirement to resign in writing (including by e-mail). Cancelling a Direct Debit instruction does not cancel your Membership. Resignations take place on the last day of every month during which BAOT and RCOT were notified and your Membership benefits cease immediately thereafter, including your professional indemnity cover, UNISON and Specialist Section Membership. Fees are collected retrospectively on the last working day of every month (or immediately thereafter) and therefore Members are liable to pay the Fees until the effective date of resignation (end of the relevant month). The Membership Excellence team will confirm your resignation in writing. 

9.2 Subject to the provisions of this Clause 9.2, resigning Members who have fully paid the Fee until the end of the current subscription year will receive a pro-rata refund for the remainder of the current Membership Period, provided that they have given not less than one (1) months’ notice of their resignation in writing (including by e-mail). Refunds are issued on pro-rata monthly basis. Your refund will reflect the period of time (if any) that your Membership is valid and paid up to, i.e. the end of the month during which BAOT and RCOT were notified of your decision to resign to 30 September of the current Membership Period. BAOT and RCOT do not issue retrospective refunds, as Services would have been provided. No refunds are issued for WFOT Membership subscriptions. After your resignation from your Membership, your WFOT Membership continues until the 31 December of the current WFOT Membership year which runs from 1 January – 31 December regardless of date of joining and a flat annual subscription fee applies as notified to Members by WFOT. Members acknowledge RCOT are not a party to the terms and conditions agreed between WFOT and Members.   

9.3 Subject to Clause 9.4, BAOT and RCOT reserve the right to terminate Membership at any time if the Member: 

9.3.1 is no longer eligible to be a Member pursuant to the provisions of the BAOT Articles of Association;  

9.3.2 has breached these Terms and Conditions; and/or 

9.3.3 in the reasonable opinion of BAOT and RCOT, has acted in a way which is inconsistent with the values of BAOT and RCOT or its continued membership may bring BAOT and RCOT into disrepute. 

9.4 If BAOT or RCOT is notified by HCPC of membership suspension or erasure (where a Member is required to be registered or eligible for HCPC registration) or if BAOT or RCOT exercises its rights under Clause 9.3, the Revoking Membership Procedure will apply. 

9.5 Where termination or suspension of membership occurs, the Member will not be entitled to a refund on Fees and will remain liable for all monies due at the date of termination or suspension. 

10.1 BAOT and RCOT’s privacy policy explains how and why BAOT and RCOT collect, use, and share information (including personal data) about Members when Members access or use the Services. This may include sharing your personal data with third parties such as UNISON or professional indemnity insurance providers in order to deliver the Services. 

10.2 Members acknowledge that by applying for Membership, BAOT and RCOT will process data (including personal data) in accordance with BAOT and RCOT’s privacy policy

10.3 Members can update their mailing preferences in their RCOT online account at https://portal.rcot.co.uk/login and are encouraged to do so regularly. 

11.1 BAOT and RCOT reserves the right to amend these Terms and Conditions prior to each Membership Period. Members are solely responsible for reviewing the terms applicable to the Membership Period which will be provided with their renewal notification. 

11.2 No failure to exercise or delay in exercising any right or remedy provided under these Terms and Conditions or by Law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy. 

11.3 Any notice relating to these Terms and Conditions shall be in writing and shall be sent by e-mail to BAOT and RCOT at membership@rcot.co.uk or to the Member using the email address specified on the Application Form. The provisions of this Clause 11.3 shall not apply to the service of any process in any legal action or proceedings. 

11.4 These Terms and Conditions constitute the whole agreement and understanding of the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms and Conditions. 

11.5 Each party acknowledges that, in entering into these Terms and Conditions, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in these Terms and Conditions. 

11.6 These Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. 

11.7 If any provision or part of any provision of these Terms and Conditions is found by a court or other administrative body with competent jurisdiction to be invalid, illegal or otherwise unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. This will not affect the validity and/or enforceability of the remaining part of that provision or of other provisions. 

11.8 BAOT and RCOT does not accept, and hereby rejects, any terms offered or quoted by the Member, at any time. For the avoidance of doubt, these Terms and Conditions apply to the exclusion of any other terms that the member seeks to impose or incorporate (whether expressly or impliedly) and, for the avoidance of doubt, no terms or any other document provided by the Member shall form part of these Terms and Conditions and the Member waives any right which it otherwise might have to rely on such terms. 

11.9 If there is any conflict between these Terms and Conditions and the BAOT Articles of Association, the terms of the BAOT Articles of Association shall prevail. 

11.10 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws of England and Wales. 

11.11 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).